OQUDA
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Terms of Use
Effective: 29/04/2022
PUBLIC OFFER AGREEMENT/USER AGREEMENT

This offer is a Public Offer under which "OQUDA" LLP, hereinafter referred to as "Contractor", represented by Director Babyiev Beimbet Kanatovich, acting on the basis of the Charter, makes an offer to conclude a Paid Services Agreement on the platform oquda.com. In accordance with the proposal, the Contractor shall provide services using information technology, on the conditions specified in the proposal to anyone who responds with unconditional acceptance in full to this offer.

1. TERMS USED IN THE PRESENT USER AGREEMENT
For the purposes of this User Agreement (hereinafter referred to as "Agreement") the following terms will be used:
1.1 "Site Owner" - OQUDA Limited Liability Partnership (BIN 181040025548).
1.2. "Site" - network publication "OQUDA - network market platform in the field of education (https://www.oquda.com/), consisting of a set of web pages, sections, applications, services (hereinafter - pages), content, as well as appropriate software, providing accessibility of this information on the Internet at the network address (domain name): https://www.oquda.com/.
1.1.3 "Platform" - software and hardware tools integrated with the Site of the Administration;
Acceptance
1.1.4 "User" - any person who has access to the Site through the Internet and uses the Site.
1.1.5 "Account". - A set of data stored in the software and/or system of the Site Owner, containing information necessary to identify the User in order to provide him services to the educational program. An account is created by the User when registering on the Site.
1.1.6. "Registration procedure" means the creation of an Account by the User:
1.1.6.1. the use of personal data, which is entered on the Site;
1.1.6.2. User's e-mail by sending a text message containing a one-time password for registration from the Site Owner's software and/or system.
1.1.7. "Personal Data" - information about the User (name, surname, IIN, identity card number, phone number, email address, access credentials: password, login/pseudonym/name, etc.), which are considered to be personal data of limited access by the legislation of the Republic of Kazakhstan.
1.1.8. "Agreement" - this Agreement with all additions and amendments.

2. SUBJECT MATTER OF THE AGREEMENT
2.1 This Agreement is a public offer contract. The owner of the site gives any User the opportunity to register on the Site in order to receive services and information about the educational program.
2.2 The Agreement comes into force from the moment of consent expression by the User with its conditions (acceptance) by passing the registration procedure of the Account that in sense is acceptance (acceptance) of the offer of the Site Owner.
2.3 The terms of the Agreement apply to all users in full, without any reservations, restrictions, or exceptions. Expression of consent by the User means the conclusion of a civil law contract which gives rise to obligations of the User to comply with the terms of the Agreement, including the applicable rules of conduct of the User on the Site.
2.4. Any dispute, claim, or petition regarding the use of the Site will be governed by the law.
2.5. This Agreement can be changed by the site owner at his sole discretion at any time. When making changes, a new version of the Agreement will be provided on the site, which will come into force from the moment of its publication on the Site. Further use of the Site after making changes to the Agreement will mean acceptance of the changes.
2.6. User accepts this Agreement regardless of the country of which he/she is a citizen or a tax resident.

3. TERMS OF USE OF THE SITE
3.1 Using the functionality of the Site is allowed only after the registration and authorization on the Site by the User in accordance with the procedure established by the Administration.
3.2 Technical, organizational and commercial terms of use of the Site, including its functionality are brought to Users' notice by means of separate posting on the Site, or notification of Users.
3.3 The login and password chosen by the User are necessary and sufficient information for the User's access to the Site. The User has no right to transfer their login and password to third parties. User is fully responsible for their safety, choosing the method of storage by themselves.
3.4 The information on the User's Account contains (may contain) his Personal Data. Processing, storage of personal data of the User, as well as conditions for access to personal data of the User and its use by the Administration of the Site are regulated by the Privacy Policy which is an integral part of this Agreement.
3.5 The User's rights to use the Site, which are given to him along with the password access are inalienable, and can not be transferred with the password access to any other person.
3.6 All the materials, including the Platform, Pages, design, layout, logo, appearance, ratings, texts, articles, and any other information, posted on the Website are protected by copyright and protected in accordance with the current legislation of the Republic of Kazakhstan and other regulatory acts in the sphere of intellectual property and copyrights.
3.7. The User agrees not to use the Platform in any commercial manner without the prior written consent of the Administration.
3.8. When quoting, reprinting, or using any materials on the Site on the Internet, an active hyperlink to the Site is required.
3.9. Any unauthorized use of this Site may result in a civil claim for damages, an administrative fine, or criminal prosecution.
3.10. All information on this site is for informational purposes only and does not constitute an agreement between the Administration and the User.

4. USER'S RIGHTS AND OBLIGATIONS
4.1. User has the right:
4.1.1. To terminate the use of the Account and terminate the present Agreement;
4.1.2 To change the login/alias and password for access to the Account;
4.1.3. To withdraw the Personal data and demand its deletion, which automatically leads to the deletion of the User's Account and to the termination of this Agreement.
4.2 The User undertakes:
4.2.1. When going through the Registration Procedure on the Site, provide true and complete information about themselves on the issues offered in the registration form, and keep this information up to date. If the User fails to provide information, does not keep the information in the Account up to date, provides unreliable information or the Administration has reasons to believe that the information provided by the User is incomplete or unreliable, the Administration has the right at its own discretion to deny the registration, block or delete the User's Account, deny the use of the Site or its individual functions. The Administration has the right at any time to ask Users to confirm the data provided at registration, and to request the confirming documents;
4.2.2. keep secret its login and password for access to the Account. The User shall be solely responsible for the security and confidentiality of their password. The User is obliged to notify the Administration immediately about any case of unauthorized access to the Website using their Account and/or about any violation (suspicion of violation) of their password confidentiality;
4.2.3. Not to violate the intellectual property rights of the Site Administration and/or other third parties on the Platform, and/or any of its elements, in particular, the User has no right to copy, broadcast, send, publish, and otherwise distribute and reproduce the materials posted by the Site Administration for commercial purposes (text, graphic, audio/video, etc.) without the written consent of the Site Administration, except for cases which are directly allowed on the Site (for example, the "share" function through social networks);
4.2.4 When paying for the paid resources and services of the Site (if any), the User receives the right to access the relevant paid resources, and has the right to use them for non-commercial purposes. The Administration and the User do not sign any certificates. Payment confirms the quality of services, products, and information presented on the Site;
4.2.5. comply with other requirements and perform other obligations, stipulated by this Agreement and/or posted on the pages of the Website.

5. RIGHTS AND OBLIGATIONS OF THE SITE ADMINISTRATION
5.1 The Website Administration has the right to:
5.1.1. Determine the rules of conduct on the Site, as well as the rules of use of the Site, and reserves the right to demand that Users comply with them.
5.1.2. Amend this Agreement and all of its integral parts at any time, at its own discretion, without any special notice of such amendments to Users. At the same time, the new version of the Agreement comes into force from the moment of its publication on the Website, unless otherwise provided by the new version of the Agreement.
5.1.3 At any time, suspend or completely discontinue the Site. This can be done in connection with security issues, or for legal, technical, or commercial reasons.
5.1.4.Change the layout and user interface of the Website, its contents, the contents of the provided functions, change or amend the scripts, software, Platforms, and other objects used or stored on the Website and any Appendices, at any time, without notice to the User.
5.1.5. send informative messages to Users. By registering on the Site the User agrees to receive informative messages to the specified during registration email address and/or cellular subscriber number;
5.1.6. Block/delete User's account, as well as prohibit access to certain pages of the Website using any information and delete any User's Content without giving a reason, including in any of the following cases
- User's violation of the terms of this Agreement or the terms of other documents stipulated by the Agreement;
- User's acts that have caused or may cause damage to the Site's business reputation;
5.1.7. At its own discretion, remove any information on the Site in violation of the laws of the Republic of Kazakhstan or the provisions of this Agreement;
5.1.9. Take any actions not prohibited by the laws of the Republic of Kazakhstan to protect its own intellectual property rights in relation to the Website.

6. LIMITATION OF LIABILITY OF THE SITE ADMINISTRATION
6.1 Administration is not responsible for any mistakes, misprints, and inaccuracies, which can be found in the materials on this Site. The Administration of the site makes all necessary efforts to ensure the accuracy and reliability of the information presented on the Site.
6.2 The information on the Site is constantly updated and may become outdated at any time. The administration of the Site is not responsible for receiving outdated information from the Site, as well as for the inability of Users to receive updates to the information stored on the Site.
6.3. The Administration is not responsible for the possible unlawful acts of the User against third parties or third parties against the User.
6.5. The Administration is not responsible for the statements of the User, made or published on the Site.
6.6. Administration is not responsible for any damage, loss, or expense (actual or possible) arising from this Site, its use, or inability to use.
6.7. Site Administration is not responsible for the loss of user access to their account on the Site.
6.8 The Administration is not responsible for the incomplete, inaccurate, incorrect entry of the User's data upon creation of the User's account.
6.9. If you have problems using the Site, do not agree with specific sections of the User Agreement, or receive incorrect information from third parties, or information of offensive nature, or any other inappropriate information, please contact the Administration to analyze and correct the defects, to limit and prevent the entry of undesirable information on the site, as well as, if necessary, to limit or terminate obligations of the User.
6.10. For the above purposes, the Administration reserves the right to delete the information posted on the Site and take technical and legal measures to terminate access to the Site of users who create, according to the opinion of the Administration, problems in the use of the Site by other users, or users in violation of the Agreement.

7. RESPONSIBILITY OF THE PARTIES
7.1 The User shall be solely responsible to the Website Owner for its actions, connected with the use of the Account and placement of the personal information on the Website, including, if such actions will lead to violation of the rights and legitimate interests of the Website Owner or any other User, as well as the legislation of the Republic of Kazakhstan.
7.2 The User shall take proper measures to ensure the security of his/her Account, and shall be responsible for all actions taken on the Site.
7.3. The Owner of the Site shall not be responsible before the User for any direct and/or indirect losses, including loss of profit or lost data, harm to honor, dignity, or business reputation, incurred in connection with the use of the Account, or impossibility to use it, or unauthorized access to communications of the User or to his/her User Account.
7.4 The Site Owner shall not participate in the formation of the User's User Account and the Program Owner's uploading of information, and shall not control and be responsible for its acts or omissions.
7.5 The Site Owner reserves the right to pre-moderate or post-moderate comments/messages posted by Users, upon the results of which it may decide to remove them.
7.6 The Site Owner shall not be obliged to provide the User with any proof, documents, or other evidence of the User's violation of the terms of the Agreement, as a result of which the User was denied access to the Site or its individual features, or such access was terminated and/or blocked.
7.7. The Owner of the Site shall not be liable before the User for technical malfunctions of the Site connected with the impossibility to leave comments on it.

8. TERM OF AGREEMENT
8.1. The present Agreement comes into force from the moment the User agrees to its terms (acceptance) by going through the registration procedure of the Account and is valid for an indefinite period.
8.2. The Owner of the Site has the right at any time without notice to the User and without giving any reasons to terminate the Agreement unilaterally extrajudicially with immediate termination of access and possibility to use the Account and without compensation of any expenses, losses in case of any, including single, violation of conditions of the Agreement and/or requirements of the current legislation by the User.
8.4. The User shall be entitled at any time and without giving a reason to unilaterally and extrajudicially terminate the Agreement on the terms and conditions stipulated in this Agreement.

9. FINAL PROVISIONS
9.1 The present Agreement is a civil law contract between the User and the Site Owner and the Program Owner and the Site Owner, and supersedes all previous agreements, if any, between the User and the Site Owner and the Program Owner and the Site Owner.
9.2 This Agreement shall be governed by and construed in accordance with the law. Issues not regulated by this Agreement shall be resolved according to the legislation. All possible disputes arising from the relations regulated by this Agreement shall be resolved in the manner prescribed by applicable law. Throughout the text of this Agreement, unless explicitly stated otherwise, the term "legislation" shall mean the legislation of the Republic of Kazakhstan.
9.3 If for any reason one or more provisions of this Agreement are held invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Agreement.
9.4 Inaction on the part of the Site Owner, in the case of violations of the provisions of the Agreements by the User or other users, does not deprive the Site Owner of the right to take appropriate actions to protect its interests later and does not mean the refusal of the Site Owner of their rights in case of committing similar or similar violations in the future.